No Trademark Infringment For Parallel Imports In China

In the context of trademark infringement, parallel imports involve the imports into China for resale of genuine goods, which have been legitimately manufactured and marketed abroad by the authority or with the consent of the trademark owner, without the authorization or consent of the same trademark owner or its exclusive licensee in China. Parallel imports usually happen when there is a price difference between the exporting country and China.

Recent cases show that the courts lean to no trademark infringement for parallel imports unless trademark owners can prove misrepresentation, confusion or goodwill/reputation damages.

In the trademark infringement case, Les Grand Chais de France S.A.S. v. Montewine International Trade (Tianjin) Co., ltd, made by Tianjin High People's Court on December 17, 2014, the Court, by applying the Trademark Law of 2001, upheld the first instance decision and held that Tianjin Monte wine, which imported three kinds of wines labeled